MDC Breathes Fire As Zimbabwe Deputy Minister Says Joanna Mamombe, 2 Others Are Faking Abductions

A Zimbabwean state official says three members of the opposition Movement for Democratic Change (MDC), who were seized by unknown assailants last Wednesday, tortured and dumped 80 kilometers outside Harare, are stage-managing their abductions in order for the international community to deploy troops in the country and topple the ruling Zanu PF government. Deputy Information Minister Energy Mutodi, who described Harare lawmaker Joanna Mamombe, Cecilia Chimbiri and Netsai Marova as “comedians” seeking the removal of President Emmerson Mnangagwa’s government through international military force, claimed that their abductions are nothing new in Zimbabwe as “the opposition has failed to defeat Zanu PF in national elections”.

He said, “… It started with (late MDC founding president) Morgan Tsvangirai. He couldn’t win an outright majority to form a government and that led to that GNU (government of national unity). That legacy has continued with (MDC Alliance leader Nelson) Chamisa as well. He has failed to win the hearts of the Zimbabwean people … Now the opposition and other enemies of the government, they are now coming up with something, some strategies that can entail the international community to fight the Zimbabwean government directly seeing that on the election front they cannot achieve regime change.

“So, these abductions are being used by opposition leaders to ensure that government has a bad image, government is seen as torturing its citizens and breaking international law and they hope that this will trigger international powers or foreign powers like the U.S and other hostile countries into not only imposing more sanctions but also deciding on military intervention. They are entertaining this hoping that one day there will be military intervention by some countries, something that we know is not going to happen.”

He said the “fake abductions” started with “some comedians, I don’t still remember their names), we come to the doctors, that Magombeyi as well, they were all those stories and they continue, now with an MDC MP saying they have been abducted. What these people are doing is that they are faking these abductions.”

Challenged to elaborate on his suggestions about fake abductions in the wake of the brutalization of Dr. Peter Magombeyi, who was leader of the Zimbabwe Hospital Doctors Association during the time he was seized by suspected state security agents, and the disappearance of some activists in independent Zimbabwe, Mutodi insisted that the opposition MDC led by Chamisa was playing dirty political tricks in order to unseat the ruling party while attempting to quell an uprising in his party.

He claimed that the three women, who were allegedly sexually abused and tortured by their captors that seized them at a Harare police station and then dumped them two days later in Bindura South, may have been abducted by some members of the MDC.

He further claimed that they may have self-inflicted wounds in order to get national and international sympathy.

“… They take themselves around in the countryside, they put bruises on their bodies and then they start alleging that they have been abducted by the government so that the government has a bad image and criticized by international players. So, this is something that is now well known. There is rivalry in their party … They are fighting with each other. This is something that does not need a rocket scientist to explain. These people are fighting.”

Pressed to explain on the abduction of the three woman, Magombeyi, Itai Dzamara and others, Mutodi said, “… Do you think Magombey was abducted? His story was not convincing. He wanted a salary increase … All these people like Magombeyi, these are fake people who are trying to gain political mileage and recognition out of nothing.”

He also claimed that it is difficult to arrest assailants as the abductions “are fake”.

Mutodi claimed that Mamombe and other MDC activists had suspicious injuries. “If you check them, if you put them before a doctor they will tell you that these people were not tortured, these people have good faces, they are smiling, but they only cry when it comes to the camera, to portray a bad image against the government.”

Questioned on these remarks, he said, “It’s very possible. These are comedians, I’m telling you. These are comedians trying to create a bad image against the government and trying to remove a constitutionally-elected government through hook and crook. This is clear duplicity which they are doing.”

But some MDC activists dismissed his remarks as “senseless and directionless”, saying Mutodi is singing for his super.

Edwin Ndlovu of the MDC Alliance led by Chamisa said, “This guy does not know what he is talking about. He is clearly singing for his super. There is nothing like faking an abduction when we clearly know that some people in the MDC have gone missing. The government has failed to account for them and people like Itai Dzamara, Paul Chizuze, and others were also abducted. Does Mutodi mean that they abducted themselves? They disappeared without a trace. Where do you think they are right now? The government knows what is going on.

“It is unbelievable that someone can talk about people inflicting injuries on themselves. That does not happen. It’s senseless to say that. We have women who are seriously injured and Mutodi is talking nonsense like this. Clearly, the government has a hand in their disappearance. I have no doubt about it.”

Henry Chimbiri, the father of one of the abducted MDC activists Cecilia Chimbiri, echoed the same sentiments, noting that indications are that state security agents have a hand in the brutalization of her daughter and the two other women.

“… The question I asked the police (when he went to a hospital where Cecilia is hospitalized) is about who found the girls. They are not the ones (police) who found the girls. I found the girls with the help of the MDC and lawyers. They did not make any attempt to search for the girls, Joanna Mamombe, Netsai Marova and Cecilia Chimbiri. They did not make any single, minute effort to search for them. When we went to Harare Central Police Station the officer in charge said he does not know anything about the girls but these girls were arrested at a police roadblock at the Harare showgrounds and even myself I was also almost arrested there.

“They said ‘you old man we will call our bosses and tell them that you causing problems and take you away’. I wanted to find out what happened to the girls. The whole thing has come out. These girls were under surveillance.”

He claimed that police wanted to block him and his wife from entering the ward where his child was admitted at Park Hospital.

The international community has urged Zimbabwe to fully investigate the matter.

Layoffs May Be Unavoidable… No Matter What Firms Do — See Also

Cutback Corner: No austerity measures today, but there was a sobering reminder that for many firms, nothing is going to prevent layoffs.

The Smart One Graduates: Tiffany Trump is a law school graduate now so she can explain to the rest of them why they can’t cancel elections.

I Got Your Long-Arm Statute Right Here!: Naked guy joins civil procedure chat.

Morty Had To Die To Enforce The Voting Rights Act: Rick and Morty have been on a bit of a SCOTUS kick.

Week In Review: Legal tech journalists got together on Friday to discuss the week that was while clearly drinking.

JPMorgan Barely Stifling Guffaws At Wells Fargo’s Presumption

The Upside Of COVID: A License To Risk And Fail

After watching so many of my friends in the global legal community say goodbye to their jobs on LinkedIn, I posted the following offer: “DM me if you can benefit from the perspective of someone who has done a few things in law, has seen a few ups and downs, and pivoted her career multiple times in good times and bad.”

And DMs I got! Many, many, many DMs … DMs and calls later from lawyers all over the world.

So, here is my general advice: If you lost a job (and even if you haven’t), now is a good time to stop swimming in your proverbial legal lane. Hustle. Create your own opportunities. Take risks. Very big risks. There’s no blueprint. There are no rules. Try things that may be a bit out there and feel uncomfortable. If you fail, recover quickly, learn, and blame on COVID if needed. Then, repeat until you get what you want.

This method works, in good times and bad! Why?! Because the limitations of the legal swim lanes are a fiction that many of us have collectively bought into. In fact, there are many ways to practice law or have an amazing legal career profitably, impactfully, sustainably, and (gasp!) joyfully.

In bad times, the downside of risk is much greater. Now, you have an easy excuse to blame that failure on. In other words, the license to fail is the upside of COVID. I promise you that everyone will nod in understating, and likely will give you a hug (even if virtually), when you explain a failure with “yep, COVID,” followed by eyes roll.

So, why not do something unprecedented in unprecedented times?!

Now you may be asking: “Where do I start?” I am glad you asked.

Generally speaking, I am a fan of just jumping into proverbial cold water and making a big splash. After all, while diving may be more elegant, cannon-balling is infinitely more satisfying! But if you must take small steps, how about you start with learning, through books, research, and observations, the following soft skills that your law school was (and possibly still) blissfully unaware of.

Innovation

Innovation is a must-have skill for every modern lawyer. Lucy Endel Bassli, former Microsoft lawyer and author of Simple Guide to Legal Innovation, recently spoke about legal innovation in law. Suffice it to say that it is a huge opportunity. After all, over $70 million was invested in legal tech last week, in the middle of a pandemic. No need to chase Biglaw or other scarce opportunities. Follow the money. That is where legal is going. That is where you must pay attention.

Change Management

The cliché rings truer today than ever: change is the only constant thing! Julie Honor, general counsel at 3Q Digital, shares simple steps to implement a change management mindset in your organization. In sum, fact-based decisions, supportive communication, and consensus-building are a must. And caring for your organization and colleagues will go a long way. This is how general counsel and in-house lawyers lead!

Leadership

Transparency is the currency of leadership. Being truthful and helping others be heard builds trust and long-term relationships. For example, Nina Chang, Associate General Counsel of Neo4j, discusses lagom, a Swedish word meaning “just the right amount.” Incorporating the principles of lagom into the corporate culture and everyday practices such as contract negotiations leads to a more transparent culture, happy stakeholders, and satisfied customers. Ultimately being transparent allows all of us to show up as ourselves, have honest conversations, and be of service. Why not try that sometimes?

For those of us in the legal community that still have a job — pause and stay grateful. Then actively assist those in transition. We are a community! That is by far, hands down, the best part of law practice. Remember, very few pools have only one lane. Even if swimming across lanes is not your thing now, it’s time to learn. We must support each other. That is what communities do in good times and bad.


Olga V. Mack is the CEO of Parley Pro, a next-generation contract management company that has pioneered online negotiation technology. Olga embraces legal innovation and had dedicated her career to improving and shaping the future of law. She is convinced that the legal profession will emerge even stronger, more resilient, and more inclusive than before by embracing technology. Olga is also an award-winning general counsel, operations professional, startup advisor, public speaker, adjunct professor, and entrepreneur. She founded the Women Serve on Boards movement that advocates for women to participate on corporate boards of Fortune 500 companies. She authored Get on Board: Earning Your Ticket to a Corporate Board Seat and Fundamentals of Smart Contract Security. You can follow Olga on Twitter @olgavmack.

Lady Gaga Documents Leaked After Law Firm Was Hacked

Lady Gaga (Photo by Axelle/Bauer-Griffin/FilmMagic)

If you needed some reminder that a global pandemic is not the time to take your law firm’s secure technology for granted, well, this is the story for you.

Entertainment law firm Grubman Shire Meiselas & Sacks is the victim of a ransomware (called “REvil”) attack and 756 gigabytes of data was compromised. Some of the headline-grabbing names that the stolen data relates to are Jennifer Lopez, David Letterman, John Mellencamp, Robert DeNiro, Christina Aguilera, Barbra Streisand, Mariah Carey, Andrew Webber, Luther Vandross, Sean Puffy Combs, Rod Stewart, Priyanka Chopra, Bruce Springsteen, Elton John, the Kardashian sisters & family, Madonna, Christina Aguilera, Nicki Minaj, Tom Cruise, Dwayne Johnson, and Lady Gaga.

Last week, the firm refused to pay the $21 million in ransom that was demanded. In retaliation, the hackers have leaked 2.4 gigabytes of data related to Grubman client Lady Gaga, saying:

“It seems that GRUBMANS doesn’t care about their clients or it was a mistake to hire a recovery company to help in the negotiations,” the hackers wrote. “As we promised, we [published] the first part of the data because the time is up.”

They’ve also reportedly upped the requested ransom to $42 million.

In a statement to Rolling Stone, a firm spokesperson confirmed the firm has no intention of paying the ransom:

“Our elections, our government, and our personal information are under escalating attacks by foreign cybercriminals. Law firms are not immune from this malicious activity,” a spokesperson for Grubman Shire Meiselas & Sacks told Rolling Stone in a statement.

“Despite our substantial investment in state-of-the-art technology security, foreign cyberterrorists have hacked into our network and are demanding $42 million as ransom. We are working directly with federal law enforcement and continue to work around the clock with the world’s leading experts to address this situation.

The leaking of our clients’ documents is a despicable and illegal attack by these foreign cyberterrorists who make their living attempting to extort high-profile U.S. companies, government entities, entertainers, politicians, and others,” the spokesperson added. “We have been informed by the experts and the FBI that negotiating with or paying ransom to terrorists is a violation of federal criminal law. Even when enormous ransoms have been paid, the criminals often leak the documents anyway.”

The hackers have also released a statement boasting that they have sensitive information related to President Trump:

“There’s an election race going on, and we found a ton of dirty laundry. Mr. Trump, if you want to stay president, poke a sharp stick at the guys, otherwise you may forget this ambition forever,” they wrote. “And to you voters, we can let you know that after such a publication, you certainly don’t want to see him as president. Well, let’s leave out the details. The deadline is one week.”

It is unclear what Trump information the hackers claim to have. Trump is not a client of the Grubman firm.


headshotKathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

Biglaw Salary Cuts Might Not Be Enough To Keep Layoffs At Bay

[W]hile salary cuts shore up a firm’s finances, they don’t fix the underlying problem: too many lawyers, specifically more lawyers than can be kept growing professionally at the required pace given the volume of work available to them. With the level of U.S. economic activity not expected to regain its Q4 2019 level until the first half of 2022, this is more than a short-term challenge. Unchecked, it creates a post-recession existential risk for firms: clients decamping to rivals to avoid being served by under-experienced associate cohorts. Hence, we should expect layoffs when lawyers return to their offices (you can’t reasonably lay someone off over Zoom).

Hugh A. Simons, formerly a senior partner and executive committee member at The Boston Consulting Group and chief operating officer and policy committee member at Ropes & Gray, arguing salary cuts may not be enough for some law firms, and that layoffs — and even closures — may be coming down the line. As he notes in his well-reasoned essay, “There’s a new class of associates set to arrive (averaging 6-7 percent of lawyer headcount) and voluntary attrition has gone to zero (as it does in any recession). It will be ugly.”


Staci ZaretskyStaci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.

After Shivving State Department Inspector General, Mike Pompeo Sharpens Blade For Congressional Oversight Investigation

(Photo by Joe Raedle/Getty Images)

In 2015, Congressman Mike Pompeo presided over weeks of Benghazi hearings, including deposing Secretary of State Hillary Clinton for eleven hours. Five years later, he’s decided that actually congress has no power to investigate the executive branch after all. Which is mighty convenient now that he’s the one facing congressional investigation for retaliating against the inspector general who was investigating him for abuse of power.

Friday night, President Trump fired State Department Inspector General (SDIG) Steven Linick, writing Nancy Pelosi that, “It is vital that I have the fullest confidence in the appointees serving as Inspectors General. That is no longer the case with regard to this Inspector General.” As with his dismissal of the Intelligence Community Inspector General Michael Atkinson in April, Trump will satisfy the 30-day notice requirement by placing Linick on “leave” and replacing him with another senate-confirmed officer immediately.

While Jack Goldsmith at Lawfare confirms that the maneuver itself is probably legal, retaliating against an IG for uncovering his boss’s wrongdoing  — i.e. doing his damn job — is not. Linick was investigating Pompeo for multiple improprieties, both petty and serious.

Pompeo, who gave his wife an office and staff at the State Department, reportedly used Department employees to run personal errands such as picking up his dry cleaning and walking his dog. Forcing staffers to pick up your dog poop would seem to be an obvious misuse of taxpayer-funded resources and was under investigation by Linick’s office.

On a more serious note, House Foreign Affairs Committee Chair Eliot Engel announced that SDIG was close to concluding an investigation into Pompeo for taking advantage of Trump’s declaration in May 2019 of an Iranian emergency — all of a sudden! — to fast-track the sale of $8 billion of arms to Saudi Arabia without congressional approval.

Politico reports that Pompeo refused to sit for an interview with Linick in the investigation. And Pompeo conceded to Washington Post diplomatic correspondent Carol Morello that he was the one who advised Trump to fire Linick, who “wasn’t performing a function in a way that we had tried to get him to” and was “trying to undermine what it was that we were trying to do.”

Apparently, “what we were trying to do” was sell Saudi Arabia weapons to shoot at Yemen, despite the fact that Mohammed bin Salman dispatched a team of assassins to murder a Washington Post writer with a bone saw in the Turkish embassy. And now “we” will try to get away with it by giving congressional investigators a giant middle finger. Again.

Luckily, Pompeo got a lot of practice telling congress to get bent during the impeachment hearings. He steadfastly refused to testify or disclose documents to House investigators trying to determine how congressionally allocated funds for Ukrainian defense got held up, insisting that members of the executive branch enjoy unqualified immunity from congressional subpoena. Look for that argument to come back in a big way now that Pompeo himself is back in the spotlight.

But can he get away with it this time? Will the GOP hold Pompeo to account the way they did when the Obama administration fired Gerald Walpin, the IG for the Corporation for National and Community Service in 2009?

So, that would be a “no.” Pompeo’s going to stonewall until after the election, and Republicans are going to let him get away with it.

Legal Issues Implicated By Trump’s Firing of the State Department Inspector General [Lawfare]
Democrats claim watchdog fired by Trump was probing Pompeo’s fast-tracking of $8 billion Saudi arms sale [CNN]


Elizabeth Dye (@5DollarFeminist) lives in Baltimore where she writes about law and politics.

Rick And Morty Keep Highlighting Supreme Court Justices

Most of the country can’t name any Supreme Court justices, let alone multiple, which is why Rick and Morty’s newfound fixation with the associate justices underscores the show’s commitment to smarter audiences.

Three episodes into the most recent run of episodes, and the cartoon has roped both Ruth Bader Ginsburg and Sonia Sotomayor into its adventures.

In the first episode of this run, the duo finds themselves trapped on a train locked in a narrative circle and Morty can only save their lives if he can tell a story that passes the Bechdel test of female agency. The boy succeeds, both barely and dubiously, with a vignette about his mother and sister fighting scorpions with menstrual lasers and Justice Ginsburg calls to congratulate them.

On last night’s episode, Justice Sonia Sotomayor arrived as Morty dove into a vat of acid, which was “not jacuzzi-heated Mountain Dew” and eulogizes the supposedly dead — but not really — child with a passage from the Merchant of Venice:

Though justice be thy plea, consider this:
That in the course of justice none of us
Should see salvation. We do pray for mercy.

This is not the first foray into niche legal humor for the Rick and Morty team. Back in 2016, the show took one of the greatest pro se transcripts ever and turned it into a mini-cartoon, creating a viral video sensation assuming we can still glibly use the word “viral” in that way these days.

The Notorious RBG craze, a documentary, and a motion picture have all upped Justice Ginsburg’s general recognizability, so referencing her in an episode — especially contextualized as only someone Morty, like the public, vaguely recognizes — makes some sense. But bringing Sotomayor into the mix almost felt like the show was daring viewers to admit to themselves that they really should know more about the Supreme Court. Challenging the legions of toxic edgelords on Reddit to pretend they knew exactly who Sotomayor was before Rick identified her. Or perhaps this was a little nod to make up for the first joke about Morty’s gender blindspot, letting the audience know that the creators actually know RBG as more than “that Supreme Court lady.” It’s not like they inserted Stephen Breyer into the narrative.

In any event, this is more Supreme Court action than a popular television show has put out in a long time so we should just embrace it no matter how it’s happening. Stay tuned next Sunday at 11 to see if Elena Kagan makes an appearance.

Earlier: Greatest Transcript Ever Turned Into Greatest Cartoon Ever


HeadshotJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.